ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 97/PUU-XIV/2016 TERKAIT KONSTITUSIONALITAS HAK PENGHAYATKEPERCAYAAN DI NEGARA KESATUAN REPUBLIK INDONESIA

Abstract

A country cannot be regarded as a state of law if the country concerned
does not give an award and guarantees protection against human rights
problems. The idea of human rights is built on the principle of equality. Speaking
of the characteristics of the Unitary State of the Republic of Indonesia, that
Indonesia is plurality because it consists of various tribes, languages and customs
that spread from Sabang to Merauke. Likewise, there are various religions and
beliefs that are believed by every citizen. Normatively, regarding the legitimacy of
religions recognized and regulated in laws and regulations, then Law Number 01
/ PNPS / Year 1965 concerning Prevention of Abuse and / or Blasphemy of
Religion constitutes the constitutionality of the type of religious dogmatics
recognized in the Unitary State of the Republic of Indonesia. After the issuance of
the Constitutional Court Decision Number 97 / PUU-XIV / 2016 which won the
request of the trustees caused a controversy. Where the verdict raises the reason
for the government to provide legitimacy also for the existence of belief groups in
the NKRI. However, common sense in the community strongly rejects the equality
of rights for the majority of the followers of the religion with the believers.
This type of research can be classified as a type of normative legal
research, this research is descriptive, namely a study that describes clearly and in
detail the constitutionality of belief rights in the Unitary State of the Republic of
Indonesia after the verdict of the Constitutional Court Number 97 / PUU-XIV /
2016 read out, data sources Secondary data used consisting of primary legal
materials, secondary materials, and tertiary legal materials, data collection
techniques in this study with the library study method, after the data collected is
then analyzed to draw conclusions.
From the results of the research problem three main things that can be
concluded. First, the problem of fulfilling the Human Rights of the Believers in the
Unitary State of the Republic of Indonesia. second, the existence of Believers in
Indonesia after the Constitutional Court Decision concerning Trustees. Third, and
the researcher gave an ideal concept related to the fulfillment of the constitutional
rights of the believers in the Unitary State of the Republic of Indonesia
Keywords: Constitutionali – Human Rights – Inmates of Trust